uk citizen with pregnant Romanian Partner desparate 4 help

[Barrysmith]

Hi

Im very very confused about immigration full stop. here is my situation

I have been seeing a girl from romania for over a year now and i regularly go over there say once a month. She was always planning to come over here when they joing the eu for a visit say a month or so. We recently found out she is 4 months pregnant with my child. I would like her to come here in january so we can share the pregancy together and id really like her to have the child here, is this possible does she even have any rights to medical care here. One worry i have is on a eu passport she can only stay for 3 months what im concerned about is if she has not had the baby by then she will be too pregnant to fly, if so will she get in trouble with immigration. If she has the baby here also will the baby be a british citizen and then will the government make the mother go back to romania and leave the baby.

I know the government really have done all they can to stop romanians coming to the uk. I really just want to find a way she can stay here over a longer time so we can relax and enjoy the birth of our child without the threat of immigation law over our heads.

what can we do ??

any advice would be fantastic

[Alshep]

Why don’t you and your girlfriend apply for a fiancé Visa (from Rumania)this if accepted will give you some time to get engaged/married over here and after 2 years of marriage she will able to apply for Indefinite leave to remain as a spouse of a British citizen

[Barrysmith]

will this still be needed once they are in the EU. Im so terrified everywhere i read online they seem to refuse everyone

[Alshep]

In my experience (I’m in the finale phase of my immigration accreditation) the ECO seems to refuse everyone as a matter of course. We had a Romanian not so long ago who had been in the country for 12 years 10 of which were illegal but he came as a student got married which is how he was able to work then got divorced which ment his visa (fiancé) was null and void. He had since got re-married (for 6 years) but got caught recently, he thought that because Rumania was due to enter the EU he might be able to stay as the spouse of a British citizen but not according to the Home office, we did his application for him and he went back to Romania and re-applied as the spouse he has just been accepted back in. At this time its best to follow the rules as it’s still not set in stone what the Home Office’s ruling will be.

[Barrysmith]

so what is the best possible thing i can do right now ?? i cant be apart from my pregant partner im going to miss birth and everything

What if she comes in january and we get married ??

[ppron747]

I'm no expert, but I think you've got a false impression of the failure rate - don't forget that many people come to sites like this because they've got a problem. So by the very nature of things, you're not going to get people logging on specially to announce that they haven't got a problem...

The latest figures for Bucharest Embassy on the UKVisas website date back FY 2004/5 but they show that they received 377 "settlement" applications and only refused 22, which looks to me like pretty good odds.

Have a look at this page on the UKVisas site for a general idea of the requirements.

I think it'll be some time before we know what will happen with regard to EU rights for Romanians.

[Barrysmith]

so the plan for now would be to apply for the Finace visa ?? i mean she still wont be able to come before january due to money restrictions

I really just find the whole situation so confusing !!

One question that i get a mixed answers on is if she just comes for a visit in january will a visa be required. I had an email from one part of the government saying no and another saying they dont know

[Alshep]

Like Ppron said its best to have a look at what is required on the UK Visa’s website as you will have to show that you have adequate housing, your not on benefits, and that you can support your intended “Without Recourse to public Funds” When making the application be sure to include as much information as possible this will include at least 3 months worth of wage slips, Utility bills such as phone records with your girlfriends number highlighted, Copies of mortgage statement, gas bills, water rates all documentation that can prove your financial status and don’t forget to make a copy to keep for your own records.

[Barrysmith]

this poses a problem as i have only just bought my own place after renting for years. Im worried about how they will view my income also as i dont ern great money im ony on 20k a year

[Alshep]

20K it’s not that bad (London though) you don’t have to have a mortgage if you were renting you would have to show an up-to-date tenancy agreement with the owners consent to have your fiancé in. When it comes to your financial situation you have to show that you have a regular income your not overdrawn (continuously) That after all bills are paid you still have enough for food, clothes, stuff for the Baby ect
I’ll have a chat with the solicitor in charge of immigration (my supervisor) just to get her take on the Rumanian EU situation and post you tomorrow.

[Barrysmith]

thanks a lot ! great help. Can she not come to the uk on her eu passport in january and then we get married then ?

I was renting but i own my own place as of two weeks ago now.

[JAJ]

will this still be needed once they are in the EU.

Yes if you want her to get British citizenship in the normal time period.

[John]

Can she not come to the uk on her eu passport in january and then we get married then ?

Indeed yes, and that is the far easier way to do it, surely!

On or after 01.01.07 she will have the right to enter the UK visa-free. There is no doubt about that. The only "problem" is if she wants to work later on.

And given that Romania is joining not just the EU but also the EEA, and EEA citizens are exempt from requiring a Certificate of Approval to Marry, there will be no problem getting married in the UK.

So the only downside to this is that the Home Office has made no announcement thus far about how Romanian and Bulgarian Citizens can get any sort of visa post 01.01.07 to enable them to work in the UK. OK, I know she could apply for a WP, but I mean any sort of settlement visa allied to marriage to a British Citizen. But if she does not want to work as an employee .... well does it matter?

Giving birth in the UK? Indeed using the NHS? I foresee no problem at all. She will clearly be "ordinarily resident" in the UK, especially if she is married to a British Citizen.

One worry i have is on a eu passport she can only stay for 3 months

Where do you get that from? Surely there is no such limit.

[Barrysmith]

thats good news it seems the best thing to do is get married when she comes here and then apply for her to stay. She wont be working for a while to begin with as she will be caring for the baby

[JAJ]

So the only downside to this is that the Home Office has made no announcement thus far about how Romanian and Bulgarian Citizens can get any sort of visa post 01.01.07 to enable them to work in the UK. OK, I know she could apply for a WP, but I mean any sort of settlement visa allied to marriage to a British Citizen. But if she does not want to work as an employee .... well does it matter?

Shouldn't she apply for a spousal visa after marriage so as to obtain ILR and British citizenship sooner than allowed under EEA regulations?

[John]

JAJ, you may well be right, but in the absence of any guidance from the Home Office I think my comment is ... who knows for certain?

And where could she apply for such a visa anyway? I ask that because she has a right, as from 01.01.07, to exercise many Treaty Rights in the UK. It could easily be argued that as her husband (as he will be) is looking after her, she will indeed be doing so as a self-sufficient person. So could she apply for the spouse visa in the UK? Or would she need to go back to Romania and apply there?

The truth is that the Home Office need to clarify matters such as this.

[Barrysmith]

there seems a lot of ifs and buts and no one knows what is gonna happen. if she comes here we get married and then have the baby what is the risk of her being deported back to romania. I mean if shes not working or claiming any govenrment money who will know shes here

[JAJ]

JAJ, you may well be right, but in the absence of any guidance from the Home Office I think my comment is ... who knows for certain?

And where could she apply for such a visa anyway? I ask that because she has a right, as from 01.01.07, to exercise many Treaty Rights in the UK. It could easily be argued that as her husband (as he will be) is looking after her, she will indeed be doing so as a self-sufficient person. So could she apply for the spouse visa in the UK? Or would she need to go back to Romania and apply there?

The truth is that the Home Office need to clarify matters such as this.

Perhaps the answer is to apply to the Home Office "in-country" (after 1.1.07) and if they refuse to accept the application, then immediately contact one's Member of Parliament.

There is absolutely no reason why the bar on in-country application should apply to those in the country on EEA status.

And it quite reasonable to want to get permanent resident status after two years, not five.

Alternatively - just apply for a fiance visa at the British Embassy in Bucharest, if the plan is to get married. I see no reason why an EEA citizen should be barred from making this kind of application if they wish.

[JAJ]

there seems a lot of ifs and buts and no one knows what is gonna happen. if she comes here we get married and then have the baby what is the risk of her being deported back to romania. I mean if shes not working or claiming any govenrment money who will know shes here

It's not just a question of her "not being deported". Do you want her to be able to become a British citizen in due course? If so, then you must go through the proper channels.

She may well want to work or claim benefits later on, and you don't want anything you do now coming back to haunt her later.

[Barrysmith]

Right she has booked a plane ticket so the plan is now to come here in january get married and try and apply for the visa from here and then see what happens from there.

[John]

Hopefully by then the Home Office will have clarified matters. Obviously for you Barry, or rather for your wife (as she will be), the visa application will not be until after the marriage. So even more time for the Home Office to get its act together.

[Barrysmith]

just wanna say thanks for all the help ive gotten here

[Administrator]

.

I've been reading quite a bit on this for the past couple months.

As stated, there are many unclear and grey areas. However, this much is clear:

• she may travel to the UK visa-free on 01 January 2007 and after

• nothing will prevent you from marrying once she is in the UK

After that, deportation is highly unlikely. She would have to have a criminal record of some sort to justify it (working illegally would give her such a record, by the way).

So long as she is married to you, you have enormous rights to stay in the UK, and your wife and child with you. Your child will be a British citizen, which will give even further rights.

To hedge your bets, read up on the requirements to prove you can support her. Get money in your bank account, even if family/friends need to temporarily loan you cash to get the balance up.

Generally speaking, the government is pretty focused on the labor-market aspect of immigration & migration. Family-related issues are not being changed in such draconian fashion (yet). The government is responding to some very vocal special interests, and is also trying to recover lost tax revenue for black-market labor. Generally speaking.

This may be interesting :

UK plans immigration curbs for new EU States

I posted this a couple weeks back & will be doing follow-up stories on it since it is critical to UK & EU immigration.


Don't stress on this part. Save your stress and focus it for energy to support your new family.



Good luck!

As a side-note. the Home Office did announce that Bulgarian and Romanian citizens will have very limited access to the labor market. It appears they will have to qualify under HSMP or some related (as yet unpublished) "points system." They will need work permits for published positions that are unfilled by UK and other EU-25 citizens.

The one advantage, so far, is that being EU-27 and EEA, Romanians and Bulgarians will have priority over folks with similar skills/qualifications trying to come in from outside of Europe (speaking in terms of work-related entry).

The Admin

[Dawie]

After that, deportation is highly unlikely. She would have to have a criminal record of some sort to justify it (working illegally would give her such a record, by the way).

I was under the impression that immigration offences were prosecuted with civil proceedings not criminal. I've never heard of someone receiving a criminal record for illegal working.